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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Team I have been in UK from Aug 2008 until now on Tier

Customer Question

Dear Team

I have been in UK from Aug 2008 until now on Tier 2 ICT with a catch that I was out of UK around 15 months (Jul 2010 to Oct 2011) in a single stretch. However if I align my ILR application submission in Dec 2013, I can balance the single absence into two pieces as 170 days and 320 days respectively in yearly backward matrix the way UKBA will read.
I have been working for same employer for last 7 years both in India and UK hence can get an employer letter for the gap suggesting work responsibilities being shifted to India for a while (for absence period including 2-3 months personal holidays as well) and partly on grounds of planning for our first baby while in India (Jun 2011 to Oct 2011). Hence I was not able to travel back to UK (to be within 180 days limit in 3rd Year) before October as between June 2011 and Oct 2011 my wife needed continuous medical attention and care due to slight medical complexity. She conceived in early July 2011 (in India) and delivered baby in May 2012 (in UK). I have all medicals documents for her both from India and UK
My query is whether I am eligible to apply for ILR as I have completed 5 years (from Aug 2008 to Aug 2013) though with a gap and what are my chances of a successful ILR?

Below is the calculation of absence days if I apply for ILR on 10th Dec.
YEAR TO FROM Out of UK (Days)
1st Year 10-Dec-13 11-Dec-12 16
2nd Year 10-Dec-12 12-Dec-11 15
3rd Year 11-Dec-11 12-Dec-10 319
4th Year 11-Dec-10 12-Dec-09 163
5th Year 11-Dec-09 12-Dec-08 12

With your top expertise, appreciate your pivotal response in the regard.

PS: If any solution available, what will be the professional service charges for related application.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.
Hi Amit

I am sorry but I cannot recommend that you apply for settlement under the facts as you have stated them.

The problem with the absence is that you are not permitted to have more than 180 days absence from the uk in any 12 month period. You will note that the reference is to any 12 month period and not to a calendar year. This means that they can look at any 12 months that they wish.

You will find this confirmed here:

Absences above this limits are occasionally allowed based on the united kingdom border agencies discretion. However they are usually only marginally more than the limit and for compassionate reasons.

Your absences are doubtless for compassionate reasons but unfortunately the level is far above the amount that I would be confident that the united kingdom border agency would write off.

I would expect them to reject any application that you make for these reasons. I'm sorry but I think you should focus on maintaining continued residence and applying at a later date when the absences are not a problem.

If this is useful please kindly click accept and rate my answer as okay service or above. If you do not then I do not receive any credit for the time I have taken to answer your question.

Kind regards

Expert:  Thomas replied 4 years ago.

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to RATE my answer, if you are satisfied.

Kind regards,